HomeMy WebLinkAboutPW Rotary Manor Culvert Replacement____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: December 5, 2022
Disposition: Resolution 15168
Agenda Item No: 3.c
Meeting Date: December 5, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller,
Director of Public Works
City Manager Approval: ______________
File No.: 08.02.277
TOPIC: ROTARY MANOR CULVERT REPLACEMENT
SUBJECT: RESOLUTION ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION (IS/MND) AND ASSOCIATED MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE ROTARY MANOR CULVERT REPLACEMENT
PROJECT; AUTHORIZATION TO STAFF TO PROCEED WITH FINAL DESIGN AND
PROCUREMENT OF REGULATORY ENVIRONMENTAL PERMITS
RECOMMENDATION:
Adopt the Resolution Adopting the Initial Study/Mitigated Negative Declaration (IS/MND) and Associated
Mitigation Monitoring and Reporting Program for the Rotary Manor Culvert Replacement Project;
Authorization to Staff to Proceed with Final Design and Procurement of Regulatory Environmental
Permits
BACKGROUND:
Rotary Manor, located at 1821 Fifth Avenue, is a senior community housing facility. A reinforced concrete
box culvert exists underneath this property and conveys flows along a historic waterway representing the
upper reaches of present-day San Rafael Creek. This culvert transitions from a reinforced concrete box
to a corrugated metal pipe (CMP) and outlets into an open creek all within the Rotary Manor property.
In January 2016, Public Works was notified of a sinkhole on the Rotary Manor property. Upon inspection,
it was identified that the CMP portion of the culvert is in need of replacement. To begin design of this
project, City staff solicited proposals from multiple firms with strong backgrounds in roadway, drainage,
and environmental design. On December 16, 2019, the professional services agreement for the design
of this culvert replacement was awarded to Coastland Civil Engineering, Inc. The proposed design will
include full replacement of the culvert as well as restoration of landscape and decorative features of the
Rotary Manor gardens.
ANALYSIS:
As part of the design of the culvert replacement, an Initial Study/Mitigated Negative Declaration was
prepared per California Environmental Quality Act (CEQA) guidelines. City staff initiated a public review
period for this document from Oct. 26 – Nov. 30, 2022. Notification of this public review period was posted
in the Marin IJ and mailed to all occupants and owners within a 300 ft radius of the project site.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
1. Resolution re Adoption of the Mitigated Negative Declaration
An Initial Study was prepared to determine the potential environmental impacts the proposed project
could have on biological resources, cultural resources, tribal cultural resources, and noise, and to
make mandatory findings of significance. Findings suggest the project impacts would be mitigated to
a less-than-significant level through implementation of recommended mitigation measures as
required in the included Mitigation Monitoring and Reporting Program (MMRP).
A Notice of Public Hearing and Intent to Adopt the Initial Study/Mitigated Negative Declaration was
published in the Marin IJ on October 24, 2022 (Attachment 2) and was mailed to residents/businesses
residing within 300 feet of the project site (Rotary Manor @ 1821 Fifth Ave). As required by CEQA
Guidelines Section 15073, a minimum 30-day public review period was provided for the Initial
Study/Mitigated Negative Declaration. A hard copy of the document was also made available at the
Department of Public Works (111 Morphew St.).
The Initial Study/Mitigated Negative Declaration is on the City’s website, and can be accessed for
review at: https://www.cityofsanrafael.org/rotary-manor-culvert-replacement/. The MMRP are
attached to this staff report (Attachment 3). The formal public review period closed on November 30,
2022 with the City receiving one comment letter from the State Department of Fish and Wildlife
(CDFW) (Attachment 4). CDFW’s comment letter recommends three different mitigation measures
be added to the MMRP including (1) acquiring of 401 and 404 water quality certifications and
biological surveys for (2) certain special-status plants and (3) foothill yellow-legged frogs. As part of
the Initial Study, a biological survey was completed at the site to determine what biological
communities existed at the project site and specifically identified the species commented on by CDFW
as having an unlikely chance of being impacted by the project. Regardless, since a permit from CDFW
is required before this project can be constructed, City staff will continue to work with CDFW to
address these comments and any additional ones that arise as part of the permit review process.
As shown in Table 1 taken from page 14 of the document, the project could potentially have impacts
on biological, tribal, and other cultural resources. Therefore, the document includes several measures
to be implemented during construction to mitigate these impacts. The measures include, in part,
preconstruction survey for western pond turtle, environmental awareness training provided by a
qualified biologist, and procedures to be followed if cultural resources are encountered.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Table 1: Potentially Significant Impacts Requiring Mitigation Measures
The recommended resolution would adopt the MMRP in accordance with CEQA Guidelines and clear
this project for construction from the environmental clearance standpoint except for necessary
permits required from environmental regulatory agencies. It is anticipated that permits will be required
from the following agencies: California Fish and Wildlife (CDFW); U.S. Army Corps of Engineers; San
Francisco Regional Water Quality Control Board (SFRWQCB); and Marin County.
2. Motion Directing Staff to Proceed with Final Design and Environmental Permitting
With City Council approval of the recommended resolution, staff recommends that the City
Council authorize staff to proceed with final design work and procurement of environmental
regulatory permits.
FISCAL IMPACT: No immediate fiscal impact is associated with the approval and adoption of the
Mitigated Negative Declaration.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as presented and move to authorize staff to proceed with final design work
and procurement of environmental regulatory permits.
2. Adopt the resolution with modifications.
3. Decline to approve the resolution, which will result in the project being unable to move forward.
4. Defer action and request staff to provide further information or modifications at a future Council
meeting.
RECOMMENDED ACTION:
Adopt the Resolution Adopting the Initial Study/Mitigated Negative Declaration (IS/MND) and Associated
Mitigation Monitoring and Reporting Program for the Rotary Manor Culvert Replacement Project;
Authorization to Staff to Proceed with Final Design and Procurement of Regulatory Environmental
Permits.
ATTACHMENT:
1. Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
2. Public Hearing Notices
3. Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
4. Comment letter from State Department of Fish and Wildlife
1
RESOLUTION NO. 15168
RESOLUTION ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
(IS/MND) AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM
(MMRP) FOR THE ROTARY MANOR CULVERT REPLACEMENT PROJECT;
AUTHORIZATION TO STAFF TO PROCEED WITH FINAL DESIGN AND PROCUREMENT
OF REGULATORY ENVIRONMENTAL PERMITS; CITY PROJECT NO. 11371
WHEREAS, the City has determined it is necessary to replace the Rotary Manor
Culvert and has retained consultants to design the project and prepare construction
drawings, City Project No. 11371; and
WHEREAS, the construction plans are approximately 90% completed for the Project’s
proposed culvert replacement and, pursuant to the California Environmental Quality Act
(CEQA) Guidelines, it was determined that, for purposes of CEQA, the improvements are
defined as a “project” subject to environmental review; and
WHEREAS, pursuant to CEQA Guidelines Section 15063, an Initial Study was
prepared to determine the potential environmental impacts of the Project; and
WHEREAS, as demonstrated in the preparation of the Initial Study, the proposed
Project would result in no significant environmental impacts for which mitigation is
recommended to reduce; and
WHEREAS, consistent with CEQA Guidelines Section 15070, the Initial Study
supports and recommends the adoption of a Mitigated Negative Declaration; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on October 24th, 2022, the
City published a Notice of Public Hearing and Intent to Adopt the Initial Study/Mitigated
Negative Declaration which was made available for a 30-day public review period. One
comment letter was received from the State Department of Fish and Wildlife; and
WHEREAS, on December 5th, 2022, the City Council held a duly noticed public
hearing to review the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program and considered all oral and written public testimony.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring and
2
Reporting Program for the Rotary Manor culvert replacement Project, City Project No. 11371,
based on the following findings:
1. The Initial Study/Mitigated Negative Declaration has been prepared in accordance
with CEQA Guidelines by the consultant. As a result of this consultation, mitigation
measures required to address potential impacts have been incorporated into the
Mitigated Negative Declaration.
2. As prescribed by CEQA Guidelines Section 15073, a public review period of a minimum
of 30 days was observed for public comment (30-days observed commencing on
October 26th, 2022 and closing on November 30th, 2022).
3. The Mitigated Negative Declaration has been presented to the City Council who has
reviewed and considered the information in the Initial Study for adopting a Mitigated
Negative Declaration. Further, the City Council finds that the Initial Study is adequate
and complete to support the adoption of a Mitigated Negative Declaration.
4. The City Council has exercised its independent judgment in evaluating the Initial Study
and has considered the comments received during the public review period and public
hearing. Based on this review, the City Council has determined that a) there is no
substantial evidence that the Project will have a significant impact on the environment;
and b) revisions have been made to the Project or have been included in the Project
as conditions of approval which reduce the potentially significant impacts related to
biological resources, cultural resources, noise, and air quality for which mitigation
measures are required; and c) result in either no environmental impacts or impacts
that are deemed to be less-than-significant in other topic areas listed in the Initial Study
Checklist.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council
of said City on the 5th day of December 2022, by the following vote, to wit:
3
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
File No.: 08.02.277
NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT AN INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION – CITY COUNCIL
You are invited to review and attend the City Council hearing on the following proposed project:
PROJECT: Rotary Manor Culvert Replacement Project. Located in the southeast yard of Rotary Manor at APN 010-291-71. Project calls for
the replacement of an existing corrugated metal pipe culvert with a new reinforced concrete box culvert. City File No: 08.02.277.
Consistent with the provisions of the California Environmental Quality Act (CEQA) Guidelines, this project is subject to environmental review and an Initial
Study/Mitigated Negative Declaration has been prepared. The Initial Study and supportive appendices have been posted on the City of San Rafael website and
can be accessed via the following link: https://www.cityofsanrafael.org/rotary-manor-culvert-replacement/. A hard copy of the Initial Study is available for review at
the Department of Public Works, 111 Morphew Street, San Rafael. A 30-day public review period is being observed for review and comment on the Initial
Study/Mitigated Negative Declaration, commencing on Wednesday, October 26th, 2022 and closing on Wednesday, November 30th, 2022. All written
comments on the Initial Study must be submitted to the City by November 30th, 2022. The City Council will then hold a public hearing on the matter on the date
listed below.
MEETING DATE/TIME/LOCATION: Monday, December 5, 2022 at 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA
FOR MORE INFORMATION: Visit the project webpage at https://www.cityofsanrafael.org/rotary-manor-culvert-replacement/ or contact Raed
Al-Zaher, Project Manager at (415) 482-2682 or Raed.Al-Zaher@CityofSanRafael.org. You can also come to the Public Works office, located at
111 Morphew Street to look at the environmental document. The office is open from 8 a.m. to 4 p.m. Monday to Friday. You can also view the
staff report after 4:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetings.
WHAT WILL HAPPEN: You can comment on the project. The City Council will consider all public testimony and decide whether to approve or
deny the application.
IF YOU WANT TO COMMENT: You can send written correspondence by email to the address above, or by mail/hand delivery to the Public
Works Department, City of San Rafael, 111 Morphew St, San Rafael, CA 94901.
At the above time and place, all written correspondence received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government
Code Section 65009 (b) (2)).
Judicial review of an administrative decision of the City Council must be filed with the Court not later than the 90th day following the date of the Council’s decision. (Code of Civil Procedure Section
1094.6)
Any records relating to an Agenda Item, received by a majority or more of the board or commission less than 72 hours before the meeting, shall be available for inspection in the CDD
Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA
Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice), emailing Lindsay.lara@cityofsanrafael.org, or using the California
Telecommunications Relay Service by dialing “711” at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling Whistlestop Wheels at (415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products
Legal No.
Marin Independent Journal
4000 Civic Center Drive, Suite 301
San Rafael, CA 94903
415-382-7335
legals@marinij.com
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years ,
and not a party to or interested in the above matter. I am
the principal clerk of the printer of the MARIN
INDEPENDENT JOURNAL, a newspaper of general
circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a
newspaper of general circulation by the Superior Court of
the County of Marin, State of California, under date of
FEBRUARY 7, 1955, CASE NUMBER 25566; that the
notice, of which the annexed is a printed copy (set in type
not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
10/24/2022
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Dated this 8th day of November, 2022.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
Signature
PROOF OF PUBLICATION
0006707804
2070419
CITY OF SAN RAFAEL
1400 FIFTH AVENUE
CITY CLERK, ROOM 209
SAN RAFAEL, CA 94901
r.BP7-11/10/16 1
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration
City of San Rafael December 2022
120
ROTARY MANOR CULVERT REPLACEMENT PROJECT MITIGATION
MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to CEQA
Guidelines (California Code of Regulations, Title 14), which state the following:
In order to ensure that the mitigation measures and project revisions identified in the EIR or
negative declaration are implemented, the public agency shall adopt a program for monitoring
or reporting on the revisions which it has required in the project and the measures it has imposed
to mitigate or avoid significant environmental effects. A public agency may delegate reporting
or monitoring responsibilities to another public agency or to a private entity which accepts the
delegation; however, until mitigation measures have been completed the lead agency remains
responsible for ensuring that implementation of the mitigation measures occurs in accordance
with the program.
The public agency may choose whether its program will monitor mitigation, report on
mitigation, or both. “Reporting” generally consists of a written compliance review that is
presented to the decision making body or authorized staff person. A report may be required at
various stages during project implementation or upon completion of the mitigation measure.
"Monitoring" is generally an ongoing or periodic process of project oversight. There is often no
clear distinction between monitoring and reporting and the program best suited to ensuring
compliance in any given instance will usually involve elements of both.
Table 3 below presents the potentially significant impacts and proposed mitigation measures
identified in the Rotary Manor Culvert Replacement Project IS/MND, the timing of implementation
of the mitigation measures (i.e., when the measure will be implemented), the City of San Rafael
staff or individual responsible for ensuring implementation of each mitigation measure, and the
City of San Rafael staff member or individual responsible for monitoring the mitigation measures.
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration City of San Rafael December 2022 121 Table 3: Mitigation Monitoring and Reporting Program Environmental Impact Mitigation Measures Implementation Responsibility & Timing Monitoring Responsibility Performance Objective Biological Resources Impact IV.a: Sensitive or special-status species Mitigation Measure BIO-1: A qualified biologist shall conduct worker environmental awareness training for personnel working on earthmoving and/or construction activities. Personnel shall be required to attend the training, which shall describe the Federal and State statues protecting threatened, endangered, and special-status species that may be encountered on-site; minimization and conservation measures; legal protection of species; and other related issues. Implementation Responsibility: Qualified biologist Implementation Timing: Prior to construction Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________ Mitigation Measure BIO-2: If construction activities are initiated during the nesting season (February 1 – August 31), a nesting bird survey shall be conducted by a qualified biologist within 7 days prior to the start of construction within the project site and the immediately surrounding area. If active nests are present, exclusion buffers appropriate to the species shall be established by the qualified biologist to prevent impacts to nesting birds. Buffers shall be maintained until the biologist determines that young Implementation Responsibility: Qualified biologist Implementation Timing: Within 7 days prior to the start of construction during nesting bird season Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration City of San Rafael December 2022 122 Environmental Impact Mitigation Measures Implementation Responsibility & Timing Monitoring Responsibility Performance Objective have fledged, or the nest becomes inactive. Mitigation Measure BIO-3: The City and their contractor shall implement the following measures to reduce or avoid impacts to western pond turtle: A pre-construction survey for western pond turtle shall occur within 48 hours prior the start of construction activities within the aquatic habitat in the vicinity of the project site. If a western pond turtle is observed in areas of active construction, construction shall cease, and a qualified biologist will be notified. Construction may resume when the biologist has inspected and determined that the western pond turtle has moved away from the area of active construction. Implementation Responsibility: Construction contractor and qualified biologist Implementation Timing: 48 hours prior to the start of construction activities and during construction Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________ Cultural Resources Impact V.a: Historical resource Mitigation Measure CUL-1: If previously unidentified cultural resources are encountered during project construction, the contractor shall avoid altering the materials and their stratigraphic context. Implementation Responsibility: Construction contractor and qualified Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration City of San Rafael December 2022 123 Environmental Impact Mitigation Measures Implementation Responsibility & Timing Monitoring Responsibility Performance Objective A qualified professional archaeologist shall be contacted to evaluate the situation. Project personnel shall not collect cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. professional archaeologist Implementation Timing: During construction Impact V.b: Archaeological resource Mitigation Measure CUL-1: If previously unidentified cultural resources are encountered during project construction, the contractor shall avoid altering the materials and their stratigraphic context. A qualified professional archaeologist shall be contacted to evaluate the situation. Project personnel shall not collect cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Implementation Responsibility: Construction contractor and qualified professional archaeologist Implementation Timing: During construction Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration City of San Rafael December 2022 124 Environmental Impact Mitigation Measures Implementation Responsibility & Timing Monitoring Responsibility Performance Objective Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. Impact V.c: Human remains Mitigation Measure CUL-2: Although unlikely, if human remains are encountered, all work must stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist must be notified immediately so that an evaluation can be performed. If the remains are deemed to be ancestral Native American, the County Coroner shall contact the NAHC. The NAHC will designate the Most Likely Descendant (MLD), who has legal jurisdiction as the proper treatment and disposition of remains. The City (lead agency) shall consult with the MLD to solicit their recommendations regarding treatment of the remains. Implementation Responsibility: Construction contractor, County Coroner, qualified archaeologist, and the City of San Rafael Department of Public Works Implementation Timing: During construction Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________ Noise Impact XIII.a: Temporary increase in ambient noise levels Mitigation Measure NOISE–1: The City shall incorporate the following practices into the construction documents to be implemented by the project contractor: Implementation Responsibility: City of San Rafael Department of Public Works and construction contractor Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration City of San Rafael December 2022 125 Environmental Impact Mitigation Measures Implementation Responsibility & Timing Monitoring Responsibility Performance Objective Construction hours shall be limited to 7:00 A.M. to 5:00 P.M. Monday through Friday, unless otherwise approved in writing by the Director of Public Works. Notify businesses, residences, and noise-sensitive land uses adjacent to construction sites of the construction schedule in writing. Designate the City’s construction manager as responsible for responding to any local complaints about construction noise. The construction manager shall determine the cause of the noise complaints (for example starting too early, or a bad muffler) and institute reasonable measures to correct the problem. Conspicuously post a telephone number for the construction manager at the construction site. Maximize the physical separation between noise generators and noise receptors. Such separation includes, but is not limited to, the following measures: Use heavy-duty mufflers for stationary equipment and barriers Implementation Timing: Prior to and during construction
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration City of San Rafael December 2022 126 Environmental Impact Mitigation Measures Implementation Responsibility & Timing Monitoring Responsibility Performance Objective around particularly noisy areas of the site or around the entire site; Where feasible, use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors; Locate stationary equipment to minimize noise impacts on the community; and Minimize backing movements of equipment. Use quiet construction equipment whenever possible. Impact equipment (e.g., jack hammers and pavement breakers) shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically-powered tools. Compressed air exhaust silencers shall be used on other equipment. Other quieter procedures, such as drilling rather than using impact equipment, shall be used whenever feasible. Prohibit unnecessary idling of internal combustion engines.
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration City of San Rafael December 2022 127 Environmental Impact Mitigation Measures Implementation Responsibility & Timing Monitoring Responsibility Performance Objective Tribal Cultural Resources Impact XVIII.a.i and a.ii: Historical resources and tribal cultural resources Mitigation Measure CUL-1: If previously unidentified cultural resources are encountered during project construction, the contractor shall avoid altering the materials and their stratigraphic context. A qualified professional archaeologist shall be contacted to evaluate the situation. Project personnel shall not collect cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. Implementation Responsibility: Construction contractor and qualified professional archaeologist Implementation Timing: During construction Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________ Mitigation Measure CUL-2: Although unlikely, if human remains are encountered, all work must stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist must be notified immediately so that an evaluation can be performed. If the remains are deemed to Implementation Responsibility: Construction contractor, County Coroner, qualified archaeologist, and City of San Rafael Department of Public Works Monitoring Responsibility: City of San Rafael Department of Public Works Initials ____________ Date ______________
Rotary Manor Culvert Replacement Project Final Initial Study/Mitigated Negative Declaration City of San Rafael December 2022 128 Environmental Impact Mitigation Measures Implementation Responsibility & Timing Monitoring Responsibility Performance Objective be ancestral Native American, the County Coroner shall contact the NAHC. The NAHC will designate the Most Likely Descendant (MLD), who has legal jurisdiction as the proper treatment and disposition of remains. The City (lead agency) shall consult with the MLD to solicit their recommendations regarding treatment of the remains. Implementation Timing: During construction
State of California – Natural Resources Agency GAVIN NEWSOM, Governor
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director
Bay Delta Region
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
(707) 428-2002
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
November 29, 2022
Raed Al-Zaher, Project Manager
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Raed.Al-Zaher@cityofsanrafael.org
Subject: Rotary Manor Culvert Replacement Project, Mitigated Negative Declaration,
SCH No. 2022100506, City of San Rafael, Marin County
Dear Mr. Al-Zaher:
The California Department of Fish and Wildlife (CDFW) received a Notice of Intent to
Adopt a Mitigated Negative Declaration (MND) from the City of San Rafael (City) for the
Rotary Manor Culvert Replacement Project (Project) pursuant the California
Environmental Quality Act (CEQA) and CEQA Guidelines.1
CDFW is submitting comments on the MND to inform the City, as the Lead Agency, of
potentially significant impacts to biological resources associated with the Project.
CDFW ROLE
CDFW is a Trustee Agency with responsibility under CEQA pursuant to CEQA
Guidelines section 15386 for commenting on projects that could impact fish, plant, and
wildlife resources. CDFW is also considered a Responsible Agency if a project would
require discretionary approval, such as permits issued under the California Endangered
Species Act (CESA) or Native Plant Protection Act, the Lake and Streambed Alteration
(LSA) Program, or other provisions of the Fish and Game Code that afford protection to
the state’s fish and wildlife trust resources.
PROJECT DESCRIPTION SUMMARY
Proponent: Rotary Manor Culvert Replacement Project
Objective: Replace a corrugated metal culvert conveying San Rafael Creek with a
reinforced box culvert.
Location: 1821 Fifth Avenue, San Rafael, CA 94901, Marin County, with an
approximate centroid of 37.975294, -122.539173 (NAD 83).
1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA
Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000.
DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E
Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022
Page 2
Timeframe: Construction of the proposed Project would take approximately 3.5 months
in 2023.
REGULATORY REQUIREMENTS
Lake and Streambed Alteration
CDFW requires an LSA Notification, pursuant to Fish and Game Code section 1600 et
seq., for Project activities affecting lakes or streams and associated riparian habitat.
Notification is required for any activity that may substantially divert or obstruct the
natural flow; change or use material from the bed, channel, or bank including associated
riparian or wetland resources; or deposit or dispose of material where it may pass into a
river, lake, or stream. Work within ephemeral streams, washes, watercourses wit h a
subsurface flow, and floodplains are subject to LSA Notification requirements. As
described in the MND (page 62), the Project would impact San Rafael Creek, and
therefore an LSA Notification would be required, as further described below.
CDFW would consider the CEQA document for the Project and may issue an LSA
Agreement. CDFW may not execute the final LSA Agreement until it has complied with
CEQA as a Responsible Agency.
COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City in adequately
identifying and/or mitigating the Project’s significant, or potentially significant, direct and
indirect impacts on fish and wildlife (biological) resources. Editorial comm ents or other
suggestions may also be included to improve the document. Based on the Project's
avoidance of significant impacts on biological resources with implementation of
mitigation measures, including those CDFW recommends below which are also included
in Attachment 1, Draft Mitigation and Monitoring Reporting Plan, CDFW concludes that
an MND is appropriate for the Project.
I. Project Description and Related Impact Shortcoming
Would the Project have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or regional plans, policies,
regulations or by CDFW or the U.S. Fish and Wildlife Service (USFWS)?
Comment 1: Riparian habitat and LSA Notification, Page 62
Issue: The MND does not include a mitigation measure ensuring that impacts to
riparian habitat will be reduced to less-than-significant by requiring compliance with LSA
Notification requirements.
DocuSign Envelope ID: 4D4FA48E-13E6-423F-B429-B56E4E62266E
Raed Al-Zaher, Project Manager
City of San Rafael
November 29, 2022
Page 3
Specific impacts, why they may occur and be potentially significant: The Project
may substantially adversely affect riparian habitat by removing riparian habitat, resulting
in the loss or degradation of this vulnerable habitat type. The MND states that the
Project will require an LSA Agreement and 401 and 404 water quality certifications, and
that restoration and other permit conditions required by these permits will reduce
impacts to less-than-significant (Page 62); however, obtaining the above permits is not
required in an enforceable mitigation measure.
Recommended Mitigation Measure: To reduce potential impacts to riparian
vegetation to less-than-significant and comply with LSA requirements pursuant to Fish
and Game Code section 1600 et seq., CDFW recommends including the mitigation
measure below.
Lake and Streambed Alteration. The Project shall submit an LSA Notification to CDFW
prior to the start of Project activities and comply with all conditions of the LSA
Agreement, if issued. The Project shall also obtain 401 and 404 water quality
certifications pursuant to the Clean Water Act and comply with these permits.
II. Environmental Setting and Related Impact Shortcoming
Would the Project have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate, sensitive, or
special-status species in local or regional plans, policies, or regulations, or by
CDFW or USFWS?
COMMENT 2: Napa false indigo (Amorpha californica var. napensis), bent-flowered
fiddleneck (Amsinckia lunaris), Koch’s cord moss (Entosthodon kochii), and other
special-status plants, Pages 28 and 30-47.
Issue: The species table on pages 30 through 47 includes several special-status plant
species with an “unlikely” Occurrence Potential despite the presence of habitat. The
table states that Napa false indigo has an occurrence two miles southwest of the Project
site, bent-flowered fiddleneck has an occurrence 4 miles west of the Project site, and
Koch’s cord moss has an occurrence 8.6 miles northwest of the Project site.
Amorpha species related to Napa false indigo are spread downstream in river systems,
and Amsinckia species related to bent-flowered fiddleneck can be carried long
distances by humans and animals (DiTomaso 2000). In both cases, it appears that the
potential exists for these species to occur at the Project site despite the barrier of
urbanization.
Bryophytes including mosses such as Koch’s cord moss are less affected by
urbanization and habitat degradation than vascular plants (McCune et al. 2020), and
locally and regionally uncommon bryophytes may be found in areas highly disturbed by
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human activity, including urban centers (Sabovljevic and Grdovic 2009, Zarnowiec
1996). Based on the ability of related species to persist in urban environments, this
species of moss may be present at the Project site.
Specific impact, why the impact would occur, and evidence impact would be
significant: Special-status plants may be impacted by ground-disturbing activities and
vegetation removal. For example, vehicle, equipment and foot traffic may bury,
excavate, crush, trample, or disturb special-status plants. Soil disturbance may result in
permanent loss of special-status plants.
Napa false indigo is a California Rare Plant Rank (CRPR) 1B.2 species, bent -flowered
fiddleneck is a CRPR 1B.2 species, and Koch’s cord moss is a CRPR 1B.3 species.
Plants with a CRPR of 1B are rare throughout their range, endemic to California, and
are seriously or fairly threatened. Most plants that are ranked 1B have declined
significantly over the last century (CNPS 2021). Napa false indigo and bent-flowered
fiddleneck have the additional threat rank of 0.2, indicating that 20 to 80 percent of their
occurrences are threatened (CNPS 2021).
Impacts to special-status plants including Napa false indigo, bent-flowered fiddleneck,
and Koch’s cord moss may result in local population declines or extirpation of the
species. Insufficient mitigation may result in prolonged temporal or permanent impacts
to a special-status plant species’ range, distribution, and population in the State.
Therefore, if special-status plants such as Napa false indigo, bent-flowered fiddleneck,
and Koch’s cord moss would be directly or indirectly impacted by the Project, impacts
would be potentially significant.
Recommended Mitigation Measure: For an adequate environmental setting and to
reduce impacts to special-status plants to less-than-significant, CDFW recommends
including the below mitigation measure.
Pre-Project Special-Status Plant Surveys. Prior to the start of Project activities, a
Qualified Biologist shall conduct a habitat assessment for special-status plants in all
areas that will be directly or indirectly impacted by the Project. If potential habitat for
special-status plants is present, botanical surveys shall be conducted during the
appropriate blooming period and conditions for all special-status plants that have the
potential to occur within or near the Project where they may be directly or indirectly
impacted by for example, modifications to hydrological conditions. More than one year of
surveys during appropriate conditions may be necessary. Surveys and associated
reporting shall be conducted according to CDFW’s Protocol for Surveying and Evaluating
Impacts to Special-Status Native Plant Populations and Sensitive Natural Communities2.
The survey reports shall be submitted to CDFW prior to the start of con struction. Project
2 CDFW, 2018. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959&inline
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activities shall not proceed until CDFW has provided written approval of the survey
reports. If any special-status plant species are observed, the Project shall fully avoid
direct and indirect impacts to all individuals and prepare and i mplement a CDFW -
approved avoidance plan prior to Project activities. If impacts to special-status plants
cannot be avoided, the Project shall provide habitat compensation at a minimum 3:1
mitigation to impact ratio including permanent protection of habitat through a
conservation easement and funding and implementing a long-term management plan,
prior to Project activities, unless otherwise approved in writing by CDFW.
COMMENT 3: Foothill yellow-legged frog (Northwest/North Coast Clade) (Rana boylii),
Page 54
Issue: The MND does not include a survey requirement for foothill yellow-legged frog.
The MND identifies that the Project is over four miles from current known occurrences
of the species and that that the Project site is surrounded by urban habitat that may
present a movement barrier. However, foothill yellow-legged frog may disperse through
or into the Project site via San Rafael Creek or tributaries.
Specific impacts, why they may occur and be potentially significant: If present at
the Project site, foothill yellow-legged frogs could be crushed or entombed by soil or
equipment during construction. The Northwest/North Coast Clade of foothill yellow-
legged frog is a California Species of Special Concern (SSC). The SSC designation is
given to species native to California satisfying one or more of the following criteria: 1) is
extirpated from the State or, in the case of birds, is extirpated in its primary season or
breeding role; 2) is listed as Federally-, but not State threatened or endangered; 3)
meets the State definition of threatened or endangered but has not formally been listed;
4) is experiencing, or formerly experienced, serious (noncyclical) population declin es or
range retractions (not reversed) that, if continued or resumed, could qualify it for State
threatened or endangered status; or 5) has naturally small populations exhibiting high
susceptibility to risk from any factor(s), that if realized, could lead to declines that would
qualify it for State threatened or endangered status. Therefore, if foothill yellow-legged
frog is present at the Project site, impacts to foothill yellow-legged frog would be
potentially significant.
Recommended Mitigation Measure: For an adequate environmental setting and to
reduce potential impacts to foothill yellow-legged frog to less-than-significant, CDFW
recommends including the mitigation measures below.
Foothill Yellow-Legged Frog Survey Methodology. A Qualified Biologist shall provide a
foothill yellow-legged frog survey methodology to CDFW for review and written approval
no less than 30 days prior to beginning Project activities, unless CDFW approves
otherwise in writing. No Project activities shall begin until foothill yellow-legged frog
surveys have been completed using a method approved by CDFW. Survey
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methodology shall target all life stages and shall have an adaptive management
approach based on the stream conditions at the time of surveys (i.e., whether ponded or
flowing water is present, or whether the stream has been completely dry for less than 30
days). Surveys within and adjacent to the Project activity area shall include searching
suitable habitat including but not limited to cavities under rocks, within vegetation such
as sedges and other clumped vegetation, and under undercut banks, no less than 50
feet from the streambed and 500 feet upstream and downstream of the Project activity
area. Surveys should be conducted at different times of day and under variable weather
conditions if possible.
Foothill Yellow-Legged Frog Surveys. Prior to starting Project activities, a Qualified
Biologist shall conduct surveys for foothill yellow-legged frog using a CDFW -approved
methodology (see above Mitigation Measure). If foothill yellow-legged frogs, their eggs,
or any other special-status species, are found, CDFW shall be notified immediately and
construction shall not occur without written approval from CDFW allowing the Project
activities to proceed. If foothill yellow-legged frog egg masses are observed in a stream
that is scheduled for dewatering, dewatering shall not occur until an egg mass
relocation plan is approved in writing by CDFW and implemented. In the event adult
foothill yellow-legged frogs are observed, a temporary wildlife exclusion fence shall be
installed, if requested by CDFW, to prevent frogs and/or other special -status species
from entering the work site. The results of the survey shall be submitted to CDFW for
written acceptance prior to starting Project activities. If the Project has collected data
that the stream has been completely dry for greater than 30 days prior to starting
Project activities, and no water or moist areas within the streambed exist within 500 feet
upstream and downstream of the Project, then the Project may request CDFW written
approval that a survey methodology and surveys for foothill yellow-legged frogs are not
necessary.
Please be advised that an LSA Agreement issued for the Project would likely
include the above recommended mitigation measures, as applicable.
ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and
negative declarations be incorporated into a database which may be used to make
subsequent or supplemental environmental determinations. (Pub. Resources Code, §
21003, subd. (e)). Accordingly, please report any special-status species and natural
communities detected during Project surveys to the California Natural Diversity
Database (CNDDB). The CNNDB field survey form can be filled out and submitted
online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The
types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.
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ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment
of environmental document filing fees is necessary. Fees are payable upon filing of the
Notice of Determination by the Lead Agency and serve to help defray the cost of
environmental review by CDFW. Payment of the environmental document filing fee is
required in order for the underlying Project approval to be operative, vested, and final.
(Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, §
21089).
CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City in
identifying and mitigating Project impacts on biological resources.
Questions regarding this letter or further coordination should be directed to Alex Single,
Environmental Scientist, at (707) 799-4210 or Alex.Single@wildlife.ca.gov; or
Melanie Day, Senior Environmental Scientist (Supervisory), at (707) 210-4415 or
Melanie.Day@wildlife.ca.gov.
Sincerely,
Erin Chappell
Regional Manager
Bay Delta Region
Attachment 1. Draft Mitigation and Monitoring Reporting Plan
ec: Office of Planning and Research, State Clearinghouse (SCH No. 2022100506)
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REFERENCES
Blagojević, M et al. 2015 Seed Bank of Amorpha 8ruticose L. on Some Ruderal Sites in
Serbia. Journal of Agricultural Science and Technology. 122-128.
CDFW. 2016. A status review of the northern spotted owl (Strix occidentalis caurina) in
California. Report to the Fish and Game Commission, California Department of
Fish and Wildlife, Sacramento, CA, USA.
DiTomaso, J. M. 2000. Invasive weeds in rangelands: Species, impacts, and
management. Weed Science 48:255-265.
Hayward, L. S., A. E. Bowles, J. C. Ha, and S. K. Wasser. 2011. Impacts of acute and
long-term vehicle exposure on physiology and reproductive success of the
northern spotted owl. Ecosphere 2:65.
McMune, J. L., C. J. Frendo, M. Ramadan, L. K. Baldwin. 2021. Comparing the effect of
landscape context on vascular plant and bryophyte communities in a human-
dominated landscape. Journal of Vegetation Science 32: e12932.
Sabovljevic, M. and S. Grdovic, 2009. Bryophyte Diversity Within Urban Areas: Case
Study of the City of Belgrade (Serbia). International Jou rnal of Botany 5: 85–92.
International Journal of Botany, 5: 85–92.
Shuford, W. D., and Gardali, T., editors. 2008. California Bird Species of Special
Concern: A ranked assessment of species, subspecies, and distinct populations
of birds of immediate conservation concern in California. Studies of Western
Birds 1. Western Field Ornithologists, Camarillo, California, and California
Department of Fish and Game, Sacramento.
USFWS. 2020. Revised Transmittal of Guidance: Estimating the Effects of Auditory an d
Visual Disturbance to Northern Spotted Owls and Marbled Murrelets in
Northwestern California.
USFWS. 2019. Protocol for Surveying Proposed Management Activities That May
Impact Northern Spotted Owls.
Zarnowiec, J. 1996. The bryoflora of urban areas - A floristic-ecological case study of
Oświçcim town (S Poland). Fragmenta Floristica et Geobotanica 41(1): 355–371.
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Attachment 1
Draft Mitigation and Monitoring Reporting Plan
Biological Resources (BIO)
Mitigation
Measure
(MM)
Description Timing Responsible
Party
BIO-4
Lake and Streambed Alteration. The Project shall
submit an LSA Notification to CDFW prior to start of
Project activities and comply with all conditions of the
LSA Agreement, if issued. The Project shall also
obtain 401 and 404 water quality certifications
pursuant to the Clean Water Act and comply with
these permits.
Prior to Ground
Disturbance
and continuing
over the course
of the Project
Project
Applicant
BIO-5
Pre-Project Special-Status Plant Surveys. Prior to the
start of Project activities, a Qualified Biologist shall
conduct a habitat assessment for special-status
plants in all areas that will be directly or indirectly
impacted by the Project. If potential habitat for
special-status plants is present, botanical surveys
shall be conducted during the appropriate blooming
period and conditions for all special-status plants that
have the potential to occur within or near the Project
where they may be directly or indirectly impacted by
for example, modifications to hydrological conditions.
More than one year of surveys during appropriate
conditions may be necessary. Surveys and
associated reporting shall be conducted according to
CDFW’s Protocol for Surveying and Evaluating
Impacts to Special-Status Native Plant Populations
and Sensitive Natural Communities. The survey
reports shall be submitted to CDFW prior to the start
of construction. Project activities shall not proceed
until CDFW has provided written approval of the
survey reports. If any special-status plant species are
observed, the Project shall fully avoid direct and
indirect impacts to all individuals and prepare and
implement a CDFW-approved avoidance plan prior to
Project activities. If impacts to special-status plants
cannot be avoided, the Project shall provide habitat
compensation at a minimum 3:1 mitigation to impact
ratio including permanent protection of habitat through
Prior to Ground
Disturbance
Project
Applicant
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City of San Rafael
November 29, 2022
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a conservation easement and funding and
implementing a long-term management plan, prior to
Project activities, unless otherwise approved in writing
by CDFW.
BIO-6
Foothill Yellow-Legged Frog Survey Methodology. A
Qualified Biologist shall provide a foothill yellow-
legged frog survey methodology to CDFW for review
and written approval no less than 30 days prior to
beginning Project activities, unless CDFW approves
otherwise in writing. No Project activities shall begin
until foothill yellow-legged frog surveys have been
completed using a method approved by CDFW.
Survey methodology shall target all life stages and
shall have an adaptive management approach based
on the stream conditions at the time of surveys (i.e.,
whether ponded or flowing water is present, or
whether the stream has been completely dry for less
than 30 days). Surveys within and adjacent to the
Project activity area shall include searching suitable
habitat including but not limited to cavities under
rocks, within vegetation such as sedges and other
clumped vegetation, and under undercut banks, no
less than 50 feet from the streambed and 500 feet
upstream and downstream of the Project activity area.
Surveys should be conducted at different times of day
and under variable weather conditions if possible.
Prior to Ground
Disturbance
Project
Applicant
BIO-7
Foothill Yellow-Legged Frog Surveys. Prior to starting
Project activities, a Qualified Biologist shall conduct
surveys for foothill yellow-legged frog using a CDFW -
approved methodology (see above Mitigation
Measure). If foothill yellow-legged frogs, their eggs, or
any other special-status species, are found, CDFW
shall be notified immediately and construction shall
not occur without written approval from CDFW
allowing the Project activities to proceed. If foothill
yellow-legged frog egg masses are observed in a
stream that is scheduled for dewatering, dewatering
shall not occur until an egg mass relocation plan is
approved in writing by CDFW and implemented. In
the event adult foothill yellow-legged frogs are
observed, a temporary wildlife exclusion fence shall
be installed, if requested by CDFW, to prevent frogs
and/or other special-status species from entering the
work site. The results of the survey shall be submitted
to CDFW for written acceptance prior to starting
Prior to Ground
Disturbance
Project
Applicant
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City of San Rafael
November 29, 2022
Page 11
Project activities. If the Project has collected data that
the stream has been completely dry for greater than
30 days prior to starting Project activities, and no
water or moist areas within the streambed exist within
500 feet upstream and downstream of the Project,
then the Project may request CDFW written approval
that a survey methodology and surveys for foothill
yellow-legged frogs are not necessary.
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